Insights

CFTC Reminds Non-U.S. Swap Dealers of Annual Report Requirements in Newly Issued Advisory

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On December 2, the CFTC reminded non-U.S. swap dealer chief compliance officers of annual reporting requirements. This Staff Advisory asserts that many non-U.S. swap dealers have been deviating from chief compliance officer annual reporting…

Swap Dealers Face Further Enforcement Orders in 2022

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CFTC and NFA have issued more than 15 enforcement orders against swap dealers in 2022. Five key pitfalls stand out as a common denominator: failure to report to Swap Data Repositories, failure to provide sufficient disclosures to counterparties,…

Four Take-Aways from CFTC Year-End Enforcement

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In September 2021, just days prior to its fiscal year end, the Commodity Futures Trading Commission (CFTC) announced enforcement actions against four Swap Dealers, with monetary fines ranging from $750,000 to $1.5 million. Here are four takeaways…

It Is Wiser to Find Out Than Suppose . . . Sometimes

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Mark Twain is credited with coining the phrase “it is wiser to find out than suppose” and at times the maxim holds true today, particularly by any regulated community. Earlier this summer, the Commodity Futures Trading Commission (CFTC)…

FinOps Report: Archegos Debacle Prompts Holistic Counterparty Risk Management

Joanna Fields recently spoke with FinOps Report about the events surrounding the Archegos Capital Management implosion and offered good practice recommendations on how broker-dealers can evaluate and reduce their counterparty risk using a holistic management program.

A Customized Compliance Fence Is Worth the Effort and Investment

Regulations already exist, but are firms building out compliance programs to navigate them in a way that meets regulatory expectations while also boosting risk monitoring and the bottom-line?

Six Patomak Takeaways Regarding 2021 SEC Division of Examinations Risk Alert on Digital Assets

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Patomak expects SEC scrutiny of Digital Assets to grow dramatically in the year ahead, and is well-prepared to help firms respond by applying its deep expertise developing compliance programs, including designing controls, conducting risk assessments, and supporting due diligence to ensure that Digital Asset business activities comply with SEC rules and anti-money laundering (“AML”) regulations.

The SEC’s Six Month Review of Reg BI and Form CRS

The Securities and Exchange Commission and the Financial Industry Regulatory Authority indicated that firms appear to be on the right track with Reg BI and Form CRS compliance, but also offered requirement reminders and observations of industry practices to aid firms in meeting regulatory expectations. Around the rules’ implementation, the SEC’s Office of Compliance Inspections and Examinations and FINRA have been conducting exams to understand and assess how firms are complying with the rules.

The CFTC Votes to Provide Firms More Time and Clarity Around Initial Margin for Uncleared Swaps

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The Commodity Futures Trading Commission (CFTC) voted 5-0 during its open meeting on May 28 to adopt an interim final rule to extend the September 2020 compliance date (Phase 5) for regulatory Initial Margin (IM) , to September 1, 2021.

Upcoming CFTC Meeting may Bring Margin of Relief

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On Thursday, May 28, the CFTC will hold a public meeting to consider extending the compliance schedule for initial margin requirements for uncleared swaps in response to the COVID-19 pandemic, in line with the Global Markets Advisory Committee recent endorsement of subcommittee recommendations.